Punjab-Haryana High Court
Ram Kumar vs State Of Haryana And Others on 9 May, 2024
Neutral Citation No:=2024:PHHC:065197
Neutral Citation No. 2024:PHHC:065197
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
292 CRWP-12060-2023
Date of Decision: 09.05.2024
RAM KUMAR .....Petitioner
Vs.
STATE OF HARYANA AND OTHERS .....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Ajay Bansal, Advocate for the petitioner.
Mr. Randhir Singh, Additional AG, Haryana.
******
DEEPAK GUPTA, J. (ORAL)
By way of this criminal writ petition filed under Article 226 of
the Constitution of India read with Section 482 Cr.P.C. petitioner prays to
quash the order dated 29.11.2023 (Annexure P-6) whereby prayer for grant
of premature release of the petitioner has been deferred for 03 years.
Petitioner was convicted in case FIR No.61 dated 23.06.2006,
under Sections 302 and 392 of IPC, registered at Police Station Khizrabad
vide judgment dated 06.10.2007 of learned Sessions Judge Yamuna Nagar.
He was sentenced to life imprisonment and to pay a fine of Rs. 5000/- for
committing offence under Section 302 IPC. He was also sentenced to
undergo rigorous imprisonment for a period of 07 years and to pay a fine of
Rs.5000/- for committing offence under Section 392 IPC. Both the
substantive sentences were directed to run concurrently. The criminal appeal
filed by the petitioner was dismissed by a Division Bench of this Court vide
order dated 19.02.2013 (Annexure P-2).
Petitioner applied for premature release in view of the
premature release policy issued by the Haryana Government Jails
Department. However, his case has been declined vide impugned order dated
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29.11.2023 (Annexure P-6). Learned counsel contends that as conceded in
the impugned order itself, the petitioner had already completed actual
sentence of 17 years; and total sentence by including the remission period as
20 years, 01 month and 08 days. As per the policy dated 12.04.2002
(Annexure P-7), the petitioner was required to complete 14 years of actual
sentence including the under trial period; and the total sentence by including
remission period as 20 years.
As per the impugned order, although the petitioner fulfilled the
aforesaid conditions of actual sentence as well as the total sentence, but his
case for premature release has been deferred for 03 years by giving the
reasons that he is involved in a double murder case which is a heinous crime
and also remained involved in one jail offence.
According to learned counsel, the petitioner has already been
acquitted for the jail offence as is referred in the impugned order. Said
contention of the learned counsel is supported by the custody certificate
placed on record which reveals that in a case FIR No.630 dated 18.09.2016
registered at Police Station City Jagadhri,Yamuna Nagar, under Section 42-A
of the Prisons Act, he was acquitted on 13.12.2017.
Case of the petitioner has been considered under Para 2(a)(i) of
the Premature Release Policy dated 12.04.2002, which pertains to convicts
who have been imprisoned for life having committed henious crime.
Therefore, the respondent authorities could not go beyond the terms of the
policy.
Learned State counsel has conceded the fact that the policy does
not give any power to the authorities concerned to defer the matter for any
period whatsoever.
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As such, the order dated 29.11.2023 (Annexure P-6) as passed
by the respondent is found to be illegal and clearly against the policy. The
said order is hereby set aside.
Learned counsel for the petitioner informs that the petitioner
has already been released on interim bail vide order dated 04.10.2023
(Annexure P-4) and operation of the said order was extended by this Court
vide order dated 12.04.2024.
As such, with the setting aside of the impugned order dated
29.11.2023 (Annexure P-6), nothing else is required to be done.
The present petition is hereby disposed of.
( DEEPAK GUPTA )
09.05.2024 JUDGE
pry
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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